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Judgment Search Results Home > Cases Phrase: non disclosure insurance Page 1 of about 3,361 results (0.032 seconds)

Nov 20 2007 (SC)

P.C. Chacko and anr. Vs. Chairman, Life Insurance Corporation of India ...

Court : Supreme Court of India

Reported in : 2008ACJ456; AIR2008SC424; 2008(1)ALD30(SC); 2008(1)ALLMR(SC)408; III(2008)CPJ78(SC); 2008(1)CTC152; 2008(1)KLT698(SC); (2008)1MLJ1256(SC); (2008)149PLR257; 2007(13)SCALE329; 2007AIRSCW7179; AIR2008SC424; 2008(1)SCC321; 2008ACJ456;

..... reason of the impugned judgment opined that the parties are bound by the warranty clause contained in the agreement which is also clear from the declaration signed by the insured and the non-disclosure related to a material fact which was required to be answered correctly under question no.22(a).7. mr. r. sathish, learned counsel appearing on behalf of the ..... and that the misrepresentation must be fraudulent to have this effect upon a policy of life insurance. but in order to give the insurer grounds for avoidance both under non-disclosure as well as misrepresentations, both must relate only to material information.the said decision, therefore, is of no assistance to the appellants herein.20 ..... nothing to indicate that if the injured had disclosed the factum of previous operation, the appellant-corporation might not have inclined to insure and insisted on a higher premium and thus there was no material to show that the non- disclosure was of a material fact justifying repudiation of the policy by the corporation.6. on an intra court appeal, the division ..... the same thing. the effect of misrepresentation on the contract is precisely the same as that of non-disclosure; it affords the aggrieved party a ground for avoiding the contract. there are a number of dicta and one decision to the effect that life insurance is an exception to the general rule that innocent misrepresentation may afford grounds for avoiding a policy .....

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Jun 08 2009 (HC)

Life Insurance Corporation of India Rep. by Its Regional Manager (L an ...

Court : Chennai

Reported in : (2009)5MLJ181

..... contract act, 1872, has held that on the facts and circumstances of the case wherein the claimant was aged 56 years while such proposal was accepted by the insurance corporation, the non-disclosure of suffering of the injured/life assured from diabetic and carbuncle cannot be a ground to repudiate the contract under section 18 of the contract act, on the basis ..... to this forum throws out a situation, where this forum could not conclude that the information not disclosed was material enough to vitiate the contract, whereas the non-disclosure did definitely place the insurer in a disadvantageous position to have a proper assessment of risk. thus keeping the circumstances of the case in mind and after due deliberation, this forum comes ..... such accident that took place two years ago, would not have the effect of refusal of the proposal for insurance policy in the case of its disclosure, as it was found by the insurance ombudsman in the impugned award, the non-disclosure of such accident cannot be held to be a suppression of material fact. 21. now, it is useful to refer to ..... of alcoholism resulted in general deterioration of his health. in the circumstances, it could not be concluded that non-disclosure of information as discussed above could be deemed 'material suppression' capable of vitiating a contract of insurance. but there was clear-cut non-disclosure of information relating to accidental injuries and diabetes, about which there were specific questions in the proposal to elicit .....

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Oct 14 1982 (HC)

S. Abubaker Vs. Life Insurance Corporation of India

Court : Kerala

Reported in : [1986]59CompCas267(Ker)

..... to the risk and induced him to take the risk.' (paragraph 721).10. paragraphs 5.01 and 5.02 in the law of insurance, by raoul colinvaux, 4th edition, which deal with uberrima fides and the effect of non-disclosure are worth reproduction :' while a fraudulent statement by one party by which the other is induced to enter into a contract will always ..... the assured conceals something he knows to be material, such concealment is fraud. but in any case the effect of mere non-disclosure on an insurance contract is to some extent the same as the effect of fraud : the party aggrieved, when the matter comes to his knowledge, may choose either to carry on with the ..... well make a passing reference to banerjee's law of insurance, volume 1, third edition, commentaries under section 45 of the insurance act, synopsis 5 (contract of insurance, proposal and acceptance), 6 (proposal form, its importance), 7 (declaration form and medical report, their importance) and 8 (effect of non-disclosure and misrepresentation). on the nature of insurance contract, the duty to disclose material facts and the ..... test of material facts, the effect of concealment and other relevant aspects, all india general insurance co. ltd, v. 5. p. maheshwari, air 1960 mad 484, and lakshmi .....

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Sep 25 2014 (HC)

Hindusthan Motors Ltd. Vs. National Insurance Co. Ltd.

Court : Kolkata

..... limited & anr.) and 2010 volume 5 supreme court cases page 294 (amravati district central cooperative bank limited v. united india fire and general insurance company limited). the plaintiff contends that, suppression and non-disclosure of topography of the factory, declaration of lock out at the factory and inundation of the factory on september 26, 1978 are either not pleaded or proved or both ..... came up for consideration before the house of lords. st paul fire and marine insurance co. (supra) again was on the interpretation of section 18 of the marine insurance act, 1906. both the authorities are of the view that, an insurer is entitled to avoid a contract of insurance for non-disclosure or misrepresentation of a material fact only where the prudent underwriter would have taken ..... material fact suppressed by the plaintiff. the defendant no.1 relies upon 60 company cases page 445 (sarojam v. life insurance corporation of india) in support of the proposition that, an insurance company was entitled to repudiate the policy on the ground of misrepresentation and non-disclosure. in support of the proposition that, the rights and obligations of the parties to a contract of .....

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Nov 29 1976 (HC)

Automobiles Transport (Rajasthan) Pvt. Ltd. and anr. Vs. Dewalal and o ...

Court : Rajasthan

Reported in : AIR1977Raj121

..... (rajasthan) private limited company extends only to rs. 20,000/-.21. in the other appeal filed on behalf of the motor owners insurance company limited, it was urged that the insurance company was not liable because insurance was obtained by non-disclosure by the insured of a material fact that the vehicle had been transferred. as soon as a vehicle is transferred, the liability of an ..... drawn our attention to clause (c) of sub-section (2) of section 96 of the act under which the validity of the insurance policy can be questioned on the ground that it was obtained by non-disclosure of a material fact or by a representation of fact which was false. it was urged that the policy was void because the policy was issued ..... insurer nor the insured has proved that the vehicle had been transferred. under section 94 of the act, it is ..... on 18-6-1965, while according to the insured, the vehicle had been transferred on 1-6-1964. on the date of the insurance, therefore, the insured had no insurable interest in the vehicle and the policy was obtained by non-disclosure of this material fact. here again, the contention has to be rejected, because neither the .....

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Nov 08 1976 (HC)

Automobile Transport Pvt. Ltd. Vs. Dewalal and ors.

Court : Rajasthan

Reported in : 1976WLN783

..... (rajasthan) private limited company extends only to rs. 20,000/-.21. in the other appeal filed on behalf of the motor owners insurance company limited, it was urged that the insurance company was not liable because insurance was obtained by non-disclosure by the insured of a material fact that the vehicle had been transferred. as soon as a vehicle is transferred, the liability of an ..... drawn our attention to clause (c) of sub-section (2) of section 96 of the act under which the validity of the insurance policy can be questioned on the ground that it was obtained by non-disclosure of a material fact or by a representation of fact which was false. it was urged that the policy was void because the policy was issued ..... insurer nor the insured has proved that the vehicle had been transferred. under section 94 of the act, it is ..... on 18-6-1965, while according to the insured, the vehicle had been transferred on 1-6-1964. on the date of the insurance, therefore, the insured had no insurable interest in the vehicle and the policy was obtained by non-disclosure of this material fact. here again, the contention has to be rejected, because neither the .....

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Aug 17 1977 (HC)

General Enterprises and ors. Vs. Jardine Handerson Ltd.

Court : Kolkata

Reported in : AIR1978Cal407,82CWN437

..... , m. r. at page 849 of the report to the following effect: 'even if there was non disclosure, nevertheless non disclosure does not automatically avoid the contract. it only makes it voidable. it gives the insurers a right to elect, they can either avoid the contract or affirm it. if they avoid it, ..... prevents a contract ever coming into existence at all. it is argued that innocent misrepresentation or, in the case of contracts of insurances, non disclosure of material facts vitiates consent and makes the apparent consent of the party misled, no consent at all, but this is ..... made a practice of smuggling diamonds into italy. the underwriters rejected a claim by the diamond merchants for the loss, alleging, among other matters, non disclosure by the diamond merchants of their smuggling activities. the underwriters sought a declaration that the policy was void and applied for leave to serve notice ..... the contract and refuse to pay on it. but things already done are not undone. the contract is not avoided from the beginning, but only from the moment of avoidance. in particular, the foreign jurisdiction clause is notabrogated. a dispute ag to non disclosure ..... it is avoided in the sense, that the insurers are no longer bound by it. they can repudiate .....

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May 10 2006 (FN)

Law Society (Original Respondents and Cross-appellants) Vs. Sephton an ...

Court : House of Lords

..... insured were regarded as suffering some measurable loss on placing, although the fire and the insurers' avoidance lay in the future. hobhouse lj at p.186d cited with ..... nicholls lj at p. 503g). 68. in knapp v. ecclesiastical insurance group plc [1998] pnlr 172, the court of appeal examined the previous case-law in detail. it concluded, consistently with prior first instance decisions, that, where a fire insurance policy was, due to an insurance broker's negligence, voidable for non-disclosure, the insured's cause of action accrued on its placing. the ..... son, who later went bankrupt) burdening the claimant's previously unencumbered freehold property. in iron trade mutual, it was a reinsurance policy which was voidable for misrepresentation or non-disclosure. in bell it was a beneficial interest in one-sixth of the proceeds of sale of a former matrimonial home which was defective as a result of what nicholls lj ..... mention, since it has been cited in many later cases. a solicitor was instructed to prepare an agreement providing for the introduction of a new working director into an insurance business carried on by a company. his instructions called for the new director to enter into a restrictive covenant which would take effect on his leaving the business. .....

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Aug 12 1994 (HC)

The Oriental Fire and General Insurance Co. Ltd., Lashkar Vs. Ramsingh ...

Court : Madhya Pradesh

Reported in : 1995ACJ26; AIR1995MP171; 1995(0)MPLJ139

..... upon the utmost good faith. ab-sence of good faith avoids the contract. in such, contracts, ordinarily, the risk under taken by the insurer cap only be learnt from the representation made by the intending insurer and non-disclosure of material fact is regarded as fatal to the validity of the transaction. therefore, upon this principle, there is a legal obligation cast upon ..... the party proposing the insurance, to communicate not only every material fact of which he had actual knowledge, but he is also deemed to know, ..... , insurer has to prove that it has been procured by means of fraudulent misrepresentation as to matters material to the risk. a charge of fraud, naturally requires a high degree of probability. it must be established beyond all reasonable doubt and could not be based on suspicion and conjectures. fraud is odious and cannot be presumed; frausest odiesa et non est ..... that too, without particulars. in such circumstances, when the policy having not been avoided or cancelled, nor the premium received was returned, repudiating the liability within fifteen days of the insurance, it cannot be held that the policy was void from its inception. .14. as the policy specifies the date of commencement of the policy covering the risk, shri balwant singh .....

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Mar 04 1970 (HC)

The Life Insurance Corporation of India South Zone, Madras and anr. Vs ...

Court : Andhra Pradesh

Reported in : AIR1971AP41; [1971]41CompCas814(AP)

..... declaration signed by the proposer inn a language different from the language of the application form is not sufficient to prove that there has been any such non-disclosure of the material facts by the insured as would, in the absence, of fraud, render the policy avoidable. by its failure to examine the concerned agents or the medical examiners, the appellant-corporation has ..... that her husband. bh. venkateswarlu, suffered from disbetes prior to the proposals made by him for insurance and that he had also under -gone treatment for the said ailment and that he wilfully with he the material facts relating to his disease and that the non-disclosure of full facts amounted to breach of warranty which he had given regarding his health and ..... not, avoids the policy'.22. it is thus clear that what to be seen ultimately is whether there has been an honest and frank disclosure of the material facts which were within the knowledge of the insured and whether he has made any fraudulent concealment of the material facts.23. here is a case where the appellant-corporation has not examined either ..... the urine of venkateswarlu.it is true that there is a corresponding duty or obligation on the insured person to make a true and complete disclosure of the material facts; but such disclosure does not extend to matters not within the knowledge of the proposer for insurance. the confidential reports submitted by the medical examiners of the corporation will have to be accepted as .....

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